OPINION

Monthly Archives: JANUARY 2020


Why celebrate Republic Day when Cheer Haran has been done to our Constitution?
25.01.20 - Markandey Katju

January 26 is celebrated as Republic Day in India, but I have renamed it Cheer Haran (disrobing) Day. The truth is that the Constitution promulgated in 1950 has been flagrantly flouted and torn to shreds and has been rendered a scarecrow, hollow and empty, and now only acting as an instrument to deceive the gullible people by our politicians, who are almost all thugs, gundas, rogues, rascals, deceivers, looters, scamsters, and experts in polarizing the people by spreading caste and communal hatred to get votes, only interested in power and pelf, but having no genuine love for the people.

Consider the facts:

1. The Constitution 'guaranteed' equality among the people vide Articles 14 to 18, which were proclaimed as fundamental rights. Also, Article 38(2) stated, "The state shall strive to minimise inequalities in income". Article 39(c) stated that the state shall direct its policy to ensure that there is no concentration of ...
  


Is India truly a secular country?
WE THE PEOPLE
18.01.20 - Markandey Katju

The preamble to the Indian Constitution declares India to be a secular country, and Articles 25 to 30 are also that effect.

But what is the truth? The truth is that the Constitution is only a piece of paper, and the ground reality is that India is a highly communal country. Most Hindus in it (and 80% of its population is Hindu) are communal, and so are most  Muslims (who are 15-16% of the population). Why is it so ? This needs a deeper analysis which is given below.

Secularism is a feature of industrial society (as exist in North America, Europe, Japan, etc ). It is not a feature of feudal or semi feudal society. In India the feudal economy was partially destroyed after Independence by the zamindari abolition laws, a certain limited degree of industrialization etc. However, the feudal mindset still continues among most of our people, as is obvious ...
  


The monologue must end
BAS KARO AB 'MANN KI BAAT'
15.01.20 - VIPIN PUBBY

SPEAKING AT THE 50th anniversary of South India’s Tughlak magazine this week, Prime minister Narendra Modi said that he believed that there are two essential reasons "that our great civilisation has prospered. The first is India’s celebration of harmony, diversity and brotherhood. The second reason is the will and zeal of India’s people. Whenever the people of India decided to do something, no force has been able to stop them.”

Good and wise words certainly. He also went on to the say that "as India enters a new decade, it is the very people of India, who will guide India’s growth trajectory and take it to new heights”. He said he always "bowed to the people of India who have, time and again, upheld the constitution in letter and in spirit”.

These words coming from Modi, who specialises in one-sided dialogue whether it is through election speeches, public rallies, Parliamentary speeches and ...
  


How the judiciary has largely surrendered before the political executive?
SUPREME COURT & INJUSTICE
09.01.20 - Markandey Katju and Janhvi Prakash

Thou art weighed in the balance and found wanting

These words, from the Bible ( Daniel : 5 : 27), were used by Sir Winston Churchill in 1938 to criticise Neville Chamberlain, the then British Prime Minister, for signing the shameful Munich Pact with Hitler, and they can be aptly used for the Indian Supreme Court too for its recent dismal, distressing, disheartening and discomfiting performances in repeatedly failing to protect the fundamental rights of the Indian people, which is its sacred and solemn duty under the Constitution.

The Indian Constitution, promulgated in 1950, had a part (Part 3) containing certain ‘fundamental rights’ of the people. These fundamental rights incorporated the theory of the English political philosopher John Locke in his Second Treatise on Civil Government (written in 1690) that every citizen had certain ‘natural’ rights, which even the King could not violate.
 
This theory was the basis of the Bill of ...
  


Is there a method in this madness?
POLITICS 2020
09.01.20 - VIPIN PUBBY


India’s image as a fast growing world power and one of the flag bearers of democracy has taken a serious hit with a series of incidents in the recent past which have shown the country in poor light. The country is hurtling from one crisis to another, thanks to the single minded obsession of the ruling party to thrust it agenda, even as the economy is in a doldrums.

The government has opened a number of fronts at the same time and there appears a pattern of one crisis giving way to another. Whether it is deliberate to divert attention or whether the government is incapable of dealing with the developing situation is a question that is debatable and perhaps we would know the final answer only through historians. Yet there is no doubt that the current phase would go down as a dark chapter in the country’s history.

The second term ...
  



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